THE HORSE-BUYING AND SELLING. 595 



effects of use, as will the hands of the artisan or day laborer. 

 Yet who will say the calloused hand or toughened mouth is 

 evidence of unsoundness ? The hand and arm and foot of the 

 day laborer are enlarged unnaturally when compared with those 

 of the man who lives at ease arid in idleness. The mouth, 

 shoulders, and limbs of the colt which has done no labor may 

 be in a natural state, but after a few years' work they will not 

 be so. The chances are, too, that if the young horse has been 

 well handled, this very " deviation from nature " will add to the 

 value of the horse as a laboring animal. 



The rule must, then, be taken with rensonable limitations. 

 Like many of the terse apothegms of our language, it may some- 

 times serve as the edge-tools of speech to cut the knots of diffi- 

 culty. For this use it is retained by courts, and too often ap- 

 plied by judges that know too little of the wonderful nature of 

 the horse to always so wisely apply the principles of law as to 

 meet the ends of justice. It behooves the buyer, then, to "be- 

 ware," and use diligence to understand the defects and ailments, 

 or " deviations from nature," that are common to horse-flesh. 



Warranty. A warranty may be general or particular and 

 limited. A general warranty does not extend to defects which 

 are known to the buyer, or readily discovered. High authority 

 says that a warranty is not implied simply because a full or 

 sound price is paid. The old rule, caveat emptor (let the buyer 

 take care), prevents this. But this rule never applies to a fraud. 

 Mere silence of the seller is not construed as a fraud. Affir- 

 mations of quality, made to secure a sale, may be regarded as a 

 warranty. In England the seller said to buyer, "You may de- 

 pend upon it, the horse is perfectly quiet and free from vice ;" 

 this was held to be a warranty that the horse was quiet and 

 free from vice. 



If a horse is ordered from a dealer for a special purpose and 

 does not fit that purpose it may be returned; or if damages 

 follow, it has been held that the seller is responsible. It makes 

 a difference if the buyer selects; he then takes the risk. If a 

 man says to another, " Sell me a horse fit to carry me," and 

 the latter sells him a horse which he knows is unfit to ride, he 



